HomeMy WebLinkAbout96-23 - Amending Chapter 5.12 of the Newport Beach Municipal Code Pertaining to Taxicabs, Ambulances and Vehicles for HireORDINANCE NO. 96- 23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING CHAPTER 5.12 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
TAXICABSf AMBULANCES AND VEHICLES FOR HIRE.
The City Council of the City of Newport Beach ordains as
follows:
• SECTION 1: Chapter 5.12 of the Newport Beach Municipal Code
is amended to read:
5.12.040 Investigation
Upon receipt of any such application for a certificate, the
City Manager shall, upon determining the application to be in
order, refer the matter to the Chief of Police for investigation.
In the course of the investigation, the Chief of Police shall
inspect the vehicles and equipment and may require the applicant
or any person named in the application to be photographed and
fingerprinted. The Chief of Police shall complete his
investigation within thirty days, unless prevented from doing so
by lack of cooperation of the applicant or other person named in
the application, and shall report his findings to the City
• Manager regarding the moral character of the applicant and other
persons named in the application and the adequacy and safety of
the vehicles with respect to cleanliness, equipment, safety
devices, brakes, light and obsolescence, receipt of the completed
investigation.
5.12.050 Issuance of Certificates.
The City Manager may examine the applicant and all persons
interested in the matter set forth in the application, and shall
determine whether or not the public interest, convenience and
necessity require the issuance of the certificate applied for,
and if it is found by the City Manager that the public interest,
convenience and necessity require the issuance of the certificate
• applied for, the City Manager issue a certificate in accordance
with the application, subject to the filling and approval of an
undertaking as provided in Section 5.12.070, and subject to such
1
conditions as may be imposed by the City Manager, including the
minimum and maximum number of vehicles that may be used.
5.12.060 Ground for Denial of Application
If the City Manager finds any of the following conditions to
exist he or she shall deny the application:
A. That the application is not in the form and does not
• contain the information required to be contained therein by this
chapter.
B. That the equipment, safety devices or vehicles proposed
to be used are inadequate or unsafe for the purposes for which
they are to be used.
C. That the color scheme, name, monogram or insignia to be
used upon such vehicles or in the business resembles the color
scheme, name, monogram or insignia used by another person, firm
or corporation in the same business in the City and therefore may
tend to deceive or defraud the public.
D. That the applicant has within the past two years had an
application for such a certificate denied for cause.
• E. That there is a sufficient number of vehicles of the
type described in the application operating in the City to fully
serve the public, that the granting of more certificates would
unduly congest the traffic and interfere with the free use of
public streets by the public, or that the best interests of the
public do not demand and necessity does not require the issuance
of such permit.
F. The applicant may appeal the City Manager's decision to
the City Council in the manner described in Section 5.12.080 F.
5.12.090 Changes of Operation.
In the event any certificate holder desires to change the
color scheme or any monogram or insignia used on a vehicle, or to
• substitute any
vehicle for
a vehicle described in
the
application, or
to increase
or decrease the number
of vehicles
used, application to the City Manager shall be made for
permission to do so, and the City Manager shall grant such
2
permission if it deems the public interest, convenience and
necessity will be served by the change, and if the certificate
holder has complied with all the provisions of this chapter.
If application is made to increase the number of vehicles,
payment of the annual vehicle fee for each additional vehicle
• requested shall be made at the time of application. Fees
tendered for additional vehicles which the City Manager does not
permit shall be refunded. No refund of the annual vehicle fees
paid shall be made when the City Manager grants permission to
reduce the number of vehicles.
SECTION 2: That if any section, subsection, sentence, clause
or phrase of this ordinance is, for any reason, held to be invalid
or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared
• unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach held on the 28th day of
May , 1996, and adopted on the 10th day of June
1996, by the following vote, to -wit:
AYES,
HEDGES, DERRY, GLOVER,
EDWARDS, WATT, O'NEIL, COX
• NOES, COUNCILMEMBERS
NONE
3
i
ABSENT COUNCILMEMBERS
NONE
MAYOR
• ATTEST:
i
i
4